Vie’s Verses – Shutting Down File Sharing Will Only Hurt The Honest

Let me make one thing absolutely crystal clear before going any further into this edition of Vie’s Verses. I do not, have not, and will never condone illegal downloading. Artists who spend their time and money recording an album expect to get paid for their hard work, and rightfully so. And while there are several arguments “fans” make about how it is the record company making money, not the artist, that’s complete hogwash and an argument for another day. Record companies expect a return on their investment and if an artist doesn’t sell well, don’t expect to see a follow up record. If everyone stole Pop Evil’s debut, there would be no War of Angels.

While I am completely opposed to illegal downloading, there is a gray area…concert bootlegs. Some bands (mostly jam bands) don’t mind their live recordings being distributed to the fans as long as the distributer is not making any money off them. Other bands are not crazy about the idea (Kiss comes to mind) but understand that the fans want all they can get their hands on. They don’t hold the fans accountable, they hold the bootleggers accountable. That leads to a very interesting point regarding file sharing websites and bootlegged concerts.

I will be the first to admit that I own a lot of bootleg concerts. I try to obtain the “live” version of any concert I’ve attended. However, if there is an official live release, I will buy the official release to ensure the artist makes money. If there is no official release, I will seek out the bootlegged version of the show for my personal collection. In the past few years, this has been relatively easy to do. Some internet searching will yield high results, thanks mostly in part to file sharing websites like Megaupload and Rapidshare. Prior to the ease of internet searching, I would buy these recordings off EBay or at record shows, and pay a hefty sum for them—usually $25 – $50.

When file sharing became more mainstream, the bootleggers selling at record shows and on EBay for exurbanite amounts of money became less and less. This was a good thing, at least for the fans. We could obtain a live concert recording at no cost. If the artist was cool with it, there were no worries at all. If the artist was not happy, but understandable, that was cool too. If the artist was completely against it, I usually didn’t seek out the show.

Last week, the US Government shut down leading file sharing site, Megaupload. There are several illegal charges being brought against the company including fraud, copyright infringement, and money laundering. I don’t think the government is going to stop there. I have a strong suspicion that they will move onto the next file sharing service like Rapidshare, Uploading, and others. They are going after them all. And while I think it’s a great way to stop illegal downloading of official releases, I also think there is going to be an unintended ripple effect—the return of the bootlegger. Once live concert recordings are no longer easily accessible, the bootleggers will be back with a vengeance, painting their ads all over EBay and Craigslist. And this time, the price will be $50 – $80 for that rare live show you’ve always wanted (inflation sucks, doesn’t it?).

And don’t think that the sharing sites are the only targets. YouTube will be on their list as well. There are millions of illegal videos ranging from official music videos to live concert recordings that could lead to a copyright infringement suit and shut down. After that, who knows what’s next? Hell, Hard Rock Hideout could be shut down if a video is posted without proper clearance from the record company. Anything is possible.

Personally, I don’t think that shutting down file sharing sites is the right answer. Yes, it’s a step in the right direction, but other sites will pop up to take their place. I don’t have the answer on how to stop illegal downloading. All I can do is spread the word that I haven’t done it, don’t do it, and will not do it, except for that gray area—which could make me a hypocrite to some degree.

One thing is for certain, the ripple effect has already started to take place. A largely well known site that featured Springsteen concert bootlegs (for free) from every year of his entire career was recently terminated for violation of copyright laws. Oddly enough, the site that sells the bootlegs has not been shut down. I don’t understand how that is possible. And I’m sure that other sites will follow. There’s a very well known hard rock concert sharing site that is probably under close watch. It wouldn’t surprise me if that gets downed next. Especially considering that a lot of the links from that site go directly to Megaupload.

While I applaud the fact that illegal downloading of albums has met a roadblock, I am disappointed that the bootleggers will be back in action soon. It could mean the end of my owning concerts I’ve attended, and that’s sad, but there is no way I will pay $50 for a concert recording. I didn’t even like paying $25 in the past. The government may think they have a victory on their hands, but waiting in the wings is the bootleggers, and once the dust settles, they will rise up hoisting their victory signs. That is the scariest notion of all.

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I just recently heard about this attack on downloading. I will support any band that I find talented and worth my money. I also download many files because I am unable to order, pay to download or for whatever stupid reason. I have recently found a love for many of the sleaze bands from Finland, Swit, etc. Such as Sister, Reckless love, Crashdiet, Crazy Lixx and Peepshow. None of these bands are at any of the local stores. Also good luck on finding any of the above bands releases for an affordable price in the states. (well not until it has been out for six months and I have had to listen to my downloaded copy for months, but will support the artist because I understand they need to eat also). Also many of these bands have singles, EP’s or songs on soundtracks that would cost a co%k & a ball to collect. The industry has left someone like myself with no choice but to search the internet to get what I want. Keep in mind I would pay for the cds or downloads within reason. Not all of us are waiting to piss away $25 per album when all you can get is Van Halen, Slipknot or Shinedown. Also from what I can tell many of the bands I listen to would not have gotten to where they are if it was not for downloads to get the buzz out. I can’t be alone in this….?

Well Ryo, why do you think the government is cracking down on file sharing sites? It’s
because huge organizations like the RIAA and MPAA have been lining politicians’ pockets with
large campaign contributions, and constantly lobbying our government to do exactly what they
just did. the MPAA and RIAA don’t care about unintended consequences — they only care about
their own bottom line, and, in their eyes, any perceived threat to their bottom line should
be immediately eliminated. I use the phrase, “Perceived threat” because the music and movie
industries have been crying wolf about new technologies for over 100 years; technologies
that ultimately made them more money such as the player piano, radio, and the VCR.

Look, I absolutely 100% believe that artists should be paid for their hard work and
creativity. The sad thing is that they could have made plenty of money from the new
technology of digital distribution over the Internet, but the record labels who are supposed
to be supporting these artists chose to try to sue the technology out of existence, rather
than embrace it and come up with their own reasonably-priced legal alternatives from the
get-go. Imagine how differently all of this could have turned out if the record labels
banded together to come up with a killer legal download service to combat napster as soon as
it took off. Let’s face it, yes, napster was free, but it contained lots of files with bad
sound quality, or files that weren’t even what they appeared to be. the fact that people
flocked to napster despite its many flaws proved that consumers loved being able to get the
individual tracks they wanted without having to go to a store, and buy a $15 CD with 10
other songs they didn’t want.

At that point, record labels had two choices. They could have paid attention to this new
trend, and created a legal download service where people could purchase any individual track
they wanted, in high sound quality, and at a reasonable price that they could play on any of
their digital devices. Or, they could have tried to eradicate digital distribution
technology entirely by litigation and legislation. Well, we all know which choice they made,
and we all know how it worked out for them.

Ryo, the fact is that, even in 2012, there still isn’t a legal download service that can
compete with the content available through illegal means, and I’m not even talking about
from a cost prospective. You already mentioned bootlegs which is a great point, but let’s go
beyond that. What about legitimately released albums that are out of print? In the digital
age, there is no longer a need for such a thing as “print.” No records, CD’s or cassettes
need to be manufactured to make an album available for purchase. All that is required now is
for the label to digitize an album, place the digital files somewhere, and charge money for
people to download them, but the labels don’t do this — effectively making it impossible
for a consumer to obtain these albums legally. to fill this gap, people are going into their
rare record collections, digitizing them, and making them available for people to download
from file sharing sites. So, if a person downloads one of these out of print albums, who is
to blame: the downloader, the uploader, or the record label who has deliberately not
provided a legal means of obtaining the album?

Let’s go even a step further…In the digital age, why are there still geographical
restrictions on when an album is released? A perfect case in point is the excellent album
“High Decibels” from the band ’77. I love ’77, and was very excited when their new album
came out in Europe…but wait…I don’t live in Europe…I live in the US where the album
wasn’t due out for several months. Why? I didn’t need, or want the physical plastic disc. I
just wanted to buy a digital copy which I was not permitted to do legally because of my
geographic location. Guess what, there were plenty of file sharing sites that had the album
available for download, and they didn’t care what country I lived in.

Ryo, my point is that, the answer to stopping illegal downloading is simple. Record labels
and movie studios have to stop living in the past. The digital age has enabled consumers to
get exactly what they want, exactly when they want it. the music and movie industries have
to abandon outdated concepts such as official release dates, geographic restrictions, and
digital rights management. Whether they like it or not, they are no longer the only game in
town when it comes to distribution. The more roadblocks they try to put in the way, the more
people will find ways around those roadblocks.

It’s very short-sighted to brand illegal downloaders as “People who just want everything for
free.” these people spend plenty of money on premium subscriptions to file sharing sites,
high-bandwidth Internet plans, and VPN services to hide their identity from copyright
holders who try to spy on them. That money could be going to artists instead if these industries would abandon their outdated business models and develop killer legal services that are as good as, if not better than, file sharing sites. Until that happens, and I doubt it ever will, strap yourself in, and get ready as more and more collateral damage is done to the Internet in the interest of big business, and their very deep lobbying pockets.